The Duty of a Driver and How it Relates to Pedestrian Accidents

A driver’s duty refers to the legal obligation to operate a vehicle in a safe manner to avoid causing harm to others, including pedestrians. This duty encompasses various specific responsibilities aimed at ensuring the safety of all road users. When drivers fail to uphold this duty, they can be held liable for accidents, including those involving pedestrians. Here’s how certain driver duties relate to pedestrians:

• Obey traffic laws. Drivers must adhere to all traffic laws and regulations, including speed limits, traffic signals, and stop signs. These laws are designed to promote orderly and safe traffic flow and protect pedestrians and other road users.
• Be vigilant. Drivers must remain attentive and vigilant, always looking out for pedestrians, especially in areas where pedestrian traffic is expected, such as crosswalks, school zones, and residential neighborhoods.
• Yield to pedestrians. In Maryland, drivers are required to yield the right of way to pedestrians at marked crosswalks and intersections. This duty can extend to unmarked crosswalks under certain circumstances.
• Avoid distractions. Drivers should avoid distractions, such as using mobile phones, eating, or any activity that takes their attention away from driving. Distracted driving significantly increases the risk of accidents involving pedestrians.
• Not driving under the influence. Operating a vehicle under the influence of alcohol, drugs, or any impairing substances is illegal and highly dangerous. Intoxicated drivers have diminished reaction times and impaired judgment, leading to a higher likelihood of accidents.
• Use appropriate signals. Drivers should use turn signals to indicate their intentions to turn or change lanes. This helps pedestrians and other road users anticipate the driver’s actions and respond accordingly.

Drivers have the responsibility to ensure the safety of all road users, including pedestrians. When drivers neglect this duty and cause pedestrian accidents, they can be held liable for the resulting injuries and damages.

What is the duty of a driver to exercise due care?

Drivers must operate their vehicles with the level of care that a reasonably prudent person would use under similar circumstances. This includes being aware of and adjusting to road conditions, weather, and traffic. However, if a driver breaches their duty of care by speeding, failing to yield the right of way, or driving distracted and causes an accident that injures a pedestrian, the driver can be considered negligent. The pedestrian can file a personal injury claim to seek compensation for injuries and damages.

What are the responsibilities of pedestrians while on or near the street?

Pedestrians also have responsibilities to ensure their own safety and the safety of others while on or near streets. These responsibilities are outlined in traffic laws and regulations and are essential for reducing the risk of accidents. Here are the key responsibilities of pedestrians:

• Obey traffic signals and signs. Pedestrians must adhere to traffic signals, signs, and pavement markings, such as crosswalk signals and "Do Not Walk" signs.
• Use crosswalks. Whenever available, pedestrians should use designated crosswalks to cross streets. Crossing at intersections and marked crosswalks is safer and often required by law.
• Yield to vehicles. When crossing outside of marked crosswalks or intersections (jaywalking), pedestrians must yield the right of way to vehicles. Pedestrians should cross at locations where they have a clear view of oncoming traffic and sufficient time to cross safely.
• Stay alert. Pedestrians should remain vigilant and aware of their surroundings, avoiding distractions such as using mobile phones or wearing headphones that could impair their ability to hear approaching traffic.
• Follow sidewalk rules. When sidewalks are available, pedestrians should use them. Walking on the roadway should be avoided unless sidewalks are unavailable, in which case pedestrians should walk facing oncoming traffic to see approaching vehicles.
• Look before crossing. Pedestrians should always look left, right, and then left again before crossing a street. This practice helps ensure no vehicles are approaching from either direction.
• Avoid sudden movements. Pedestrians should avoid sudden movements or darting into the street, which can surprise drivers and lead to accidents.
• Be visible. Wearing bright or reflective clothing, especially at night or in low-light conditions, helps ensure that drivers can see pedestrians. Using a flashlight or wearing reflective accessories can also increase visibility.
• Follow safety practices. Using pedestrian bridges or tunnels where available, avoiding crossing highways, and staying clear of construction zones are additional safety practices pedestrians should follow.

Pedestrians have a legal obligation to follow traffic laws and regulations designed to promote safety. When pedestrians fail to meet these responsibilities, they may share liability in the event of an accident.

How is fault determined in a pedestrian accident?

Determining fault for a pedestrian accident involves evaluating the actions of both the driver and the pedestrian to establish who was negligent or if both parties share responsibility. The process includes gathering evidence, applying relevant traffic laws, and assessing the circumstances leading up to the accident. Statements from people who saw the accident can provide valuable insights into how it occurred. Accident reconstruction experts can analyze evidence to recreate the accident scenario, providing an objective assessment of how the accident occurred and who was likely at fault.

Assigning liability often involves examining whether the driver breached their duty of care. Evidence such as traffic camera footage, eyewitness testimony, and accident reconstruction reports can help establish whether the driver was negligent. Factors like speeding, running a red light, distracted driving, or failing to yield can indicate driver fault.

Under certain circumstances, pedestrians may bear some responsibility for an accident, such as if they were jaywalking or crossing against a signal. Many jurisdictions use a comparative negligence system where the compensation amount may be reduced based on the pedestrian’s percentage of fault. Maryland is a contributory (not comparative) negligence state, meaning that if someone is found contributorily negligent, they cannot recover any damages for their injuries, no matter how small their degree of fault might be.

If you were injured while walking or riding your bicycle, the accident attorneys at Plaxen Adler Muncy, P.A. want to help. Call us or fill out our contact form to schedule your free initial consultation today.